Personal Reflection - Part One
[Name of the Writer]
Institutional Affiliation(s)
Author Note
Personal Reflection - Part One
Natural Law
Natural law is a theory in ethics and philosophy. It says that human beings possess some intrinsic values that help to govern reason and behavior. It is a precursor of decisions in terms of right and wrong. This law infers that human beings have an intrinsic ability that can help them govern their actions in the light of reasoning and the right behavior ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"3CoiMAGE","properties":{"formattedCitation":"(Hill, 2020)","plainCitation":"(Hill, 2020)","noteIndex":0},"citationItems":[{"id":582,"uris":["http://zotero.org/users/local/6bWeQAmN/items/X5BAAJ7E"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/X5BAAJ7E"],"itemData":{"id":582,"type":"chapter","container-title":"Adam Smith’s Pragmatic Liberalism","page":"55–91","publisher":"Springer","source":"Google Scholar","title":"The System of Natural Liberty and the Science of Welfare","author":[{"family":"Hill","given":"Lisa"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Hill, 2020). Natural law can help to regulate both personal and professional life because I see it as a tool that can help to differentiate between both moral and immoral tendencies. In my professional life, I use natural law to inform and incorporate justice in action such as violence, murder and other such actions that are against the natural inclination to live a good and innocent life. One of the common examples of the use of natural law to regulate professional life can be observed in reforming the practices that question natural laws, equality and equity. It means staunch support to mitigate the creed system and racism. In addition, natural law forbids killing others, no matter what the circumstances are. The analysis of my experiences has made me a strong believer of natural law because I think this law is an abstraction that can keep the world going. It is a natural motivation to speak for something and I have experienced it many times, in many small things as well such as abusing a black person or doing intentionally ill to someone with whom we have personal grudges. Today, I am not afraid to speak for human rights and I strongly condemn all the human slaughter in the world because I have realized that it might lead to guilt somewhere in the heart and essence of being answerable to divine powers.
The other aspect of natural law is, the rules of right and wrong are inherent in people, they are neither created by society nor developed by the courts and judges. This aspect has a strong impact on my personal life. In our daily life, there are a lot of situations in which we see and observe unfair things, and leave them unnoticeable. Natural law is a hope for a positive world that can help me realize a sense of responsibility, which behooves me to take into account all human and animal rights. Natural law guides me in maintaining that every human being deserves respect, my abilities are supported for those with disabilities and I should make sense of my abilities to push the suppressed rather than oppressing them down to death. One example is that of addicts, seen roadside. Natural law infers that although he has done wrong, he should be given a chance of improvement. In the same way, natural law helps me make choices, that are not guided by personal benefit or the stance of being cruel such as I should not go hunting because it might lead up to the death of an animal for my pleasure which is against the natural law.
In a nutshell, natural law is more like a code of conduct that regulates both personal and professional life, because these laws are inner voice, which define the how and why questions. I see natural law as a motivation to life a responsible and positive life.
Positive Law
In contrast to natural laws, positive laws are presented. The major difference lies in the fact that positive laws are human-made laws and they tend to oblige and specify actions. Positive laws tend to describe the establishment of specific rights of an individual or a group ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"SX4dB040","properties":{"formattedCitation":"(De Secondat & De Montesquieu, 2019)","plainCitation":"(De Secondat & De Montesquieu, 2019)","noteIndex":0},"citationItems":[{"id":584,"uris":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"itemData":{"id":584,"type":"book","publisher":"e-artnow","source":"Google Scholar","title":"The spirit of the laws","author":[{"family":"De Secondat","given":"Charles"},{"family":"De Montesquieu","given":"Baron"}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (De Secondat & De Montesquieu, 2019). The difference between natural law and positive law is found in the stance that positive laws are meant for a certain time frame, or a particular place. It also comprises some statutory laws or case laws. In contrast, natural laws are global and universal because these laws are not confined by any kind of legislation but these laws are proposed by God, nature or human reasoning abilities ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ELHY4zLN","properties":{"formattedCitation":"(De Secondat & De Montesquieu, 2019)","plainCitation":"(De Secondat & De Montesquieu, 2019)","noteIndex":0},"citationItems":[{"id":584,"uris":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/58APX9WG"],"itemData":{"id":584,"type":"book","publisher":"e-artnow","source":"Google Scholar","title":"The spirit of the laws","author":[{"family":"De Secondat","given":"Charles"},{"family":"De Montesquieu","given":"Baron"}],"issued":{"date-parts":[["2019"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (De Secondat & De Montesquieu, 2019).
Adhering to these approaches, it is highlighted that positive law can have a strong impact on both, personal and professional life. Taking into account my professional life, positive law guides me in terms of code of federal, state as well as local laws. The legislative orders, executive decrees, and different administrative regulations are the hallmark of positive laws that are formulated to guide the actions of a particular city or state. Being a citizen, I am fulfilling all the federal and local laws with a belief that these laws are security of my safe and positive social life. Also, I always adhere to the regulations with an aim that these laws, if not followed might lead to serious issues, either in the form of fines or restrictions. A flashback of my experiences is a lesson for me because I have read and seen a lot of examples of the practical approach of positive law such as The Patient Protection and Affordable Care Act which tends to facilitate all the American with better health opportunities without any kind of segregation or disparity. On the same board, I obey all federal laws that have played a central role in my daily life decisions and guiding my practices such as following the rules of university libraries, following tax laws and adhering to Civil Rights as well.
The analysis of the personal life highlights that positive law is both, a threat as well as a welfare approach to regulate my actions. I am bound to never choose some ways or do some things because I know that those actions are prohibited by the law, and I will be punished for such negative actions. I am taught that there are punishments for such actions. So, positive laws always help me to guide others, to give them justice or to help others seek justice by reporting something if it is not right.
Thus, positive law is a more specific and particular code of conduct that is meant for the place in which I’m living and I have to abide by it to sustain my positive image in society. Positive laws are working efficiently to ensure that all my duties are performed and obligations are fulfilled.
Tort Law
A tort in common law jurisdiction is defined as an area of law that covers different civil suits. Under tort law, it is highlighted that every claim in the civil court, except for the contractual disputes falls under tort law ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4zt8cWI5","properties":{"formattedCitation":"(Wang, 2020)","plainCitation":"(Wang, 2020)","noteIndex":0},"citationItems":[{"id":587,"uris":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"itemData":{"id":587,"type":"chapter","container-title":"On the Constitutionality of Compiling a Civil Code of China","page":"83–117","publisher":"Springer","source":"Google Scholar","title":"Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example","author":[{"family":"Wang","given":"Zhu"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Wang, 2020). The aim of this law is to redress the wrong that is done to someone and to provide relief from any kind wrongful act. The stance of wrongfulness is addressed by awarding some kind of compensation or any kind of monetary damage. However, the law tends to provide compensation for any kind of proved harm. There are three major categories of tort law, such as negligent torts, strict liability tort, and intentional torts ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"0bcEs8rY","properties":{"formattedCitation":"(Wang, 2020)","plainCitation":"(Wang, 2020)","noteIndex":0},"citationItems":[{"id":587,"uris":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/AUE28K8A"],"itemData":{"id":587,"type":"chapter","container-title":"On the Constitutionality of Compiling a Civil Code of China","page":"83–117","publisher":"Springer","source":"Google Scholar","title":"Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example","author":[{"family":"Wang","given":"Zhu"}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Wang, 2020). All these categories are the sources of information, which can impact both professional and personal life. The law has modified and changed both, my personal and professional life.
Taking into account my personal life, I see that under tort law, I am a careful citizen and a well-learned social being. I have learned that if I have done any kind of harm and loss to someone I have to pay for it in any of the ways and if I will not do it, I will be facing some legal actions. This law is followed whenever I get into some kind of accident either it is a bicycle accident or a car accident or there is any kind of medical malpractice. Tort law is a two-way procedure, sometimes I am at the giving end and many times I am at the getting end. If someone does wrong to me, I am paid by the others either financially or material compensation and if someone is harmed by me, I pay them or compensate them.
My professional life has a lot of examples, concerning this kind of law. It is highlighted that at my workplace, I have seen breach of duty and other causations and injury cases. All such experiences both, directly observed or experiences have directed me to follow some set rules and regulations. I am obliged to some rules, if I’m hired somewhere I know that the hirer also has some responsibilities. Tort law is more like workplace security or it is a law that maintains balance in my life because I know that there is a payback to everything, no matter at what place I am and what I am doing.
Tort law has imparted a sense of responsibility to both, my personal and professional life but this sense of responsibility is embellished with a sense of security as well. I am afraid of beaching but I am confident about the actions that are right as well. I am not afraid to work for my organization because I have a flashback that the company will be supporting me if I will be injured or harmed in any way.
Contract Law
Contract Law is defined as a body of law that is related to make and enforce some kind of agreement. Contract is defined as an agreement between two parties that can help them agree on some actions and viewpoints so as to enforce the business or make changes that can prove effective for both parties ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Z8jJCi1U","properties":{"formattedCitation":"(Kraus & Scott, 2020)","plainCitation":"(Kraus & Scott, 2020)","noteIndex":0},"citationItems":[{"id":589,"uris":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"itemData":{"id":589,"type":"article-journal","container-title":"Southern California Law Review","source":"Google Scholar","title":"The Case Against Equity in American Contract Law","volume":"93","author":[{"family":"Kraus","given":"Jody S."},{"family":"Scott","given":"Robert E."}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kraus & Scott, 2020). Almost all the businesses are guided and completed under the set pattern of contract laws. It wouldn’t be wrong to call this law as a social law because it facilitates daily life proceeding and actions. It also be called a market law because it has facilitated me making professional decisions and acting on something that can maintain a peaceful relationship between businessmen. It is a measure of confidence, fair play, and will, that are the major characteristics of a long term and positive contract ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"4PjRgLy6","properties":{"formattedCitation":"(Kraus & Scott, 2020)","plainCitation":"(Kraus & Scott, 2020)","noteIndex":0},"citationItems":[{"id":589,"uris":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"uri":["http://zotero.org/users/local/6bWeQAmN/items/NLQY4LK2"],"itemData":{"id":589,"type":"article-journal","container-title":"Southern California Law Review","source":"Google Scholar","title":"The Case Against Equity in American Contract Law","volume":"93","author":[{"family":"Kraus","given":"Jody S."},{"family":"Scott","given":"Robert E."}],"issued":{"date-parts":[["2020"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Kraus & Scott, 2020). Contract law has a highly positive and influencing impact on both, my personal and professional life.
My past experiences highlight that contract law has faced me from a lot of negative people and unfair businessmen many times. This law has guided me to play fair, as it is the only tool for success. In my professional life, contract law has helped to make sure that the deals that I am making are good for me and it is out of any kind of manipulation and unfair act. In addition, there are a lot of people who are new to the business and they usually get into unfair deals, so I have used contract laws to teach them about the attributes of the contract and what are the elements of a fair contract. Also, whenever I make a contract, I make sure that I am following all the propositions of the contract law and the other party is also adhering to it. Thus, contract law is more like a support system that tends to facilitate fair business dealing and it is one of the codes that can be used to trace the unfair deals and judge the fair elements of a business. The law is more like a coverage so business that can make a business free of trust issues and manage expectations.
In my personal life, contract law is something that can help me deal with all the scenarios of life. Contract law is not just confined to businessmen but in our daily life we make several contracts and contract law is made to regulate all the daily life decisions. Contract law helps me to navigate my decisions such as the commitments with the house owners and as well with other dealers. In the same way, the contract always helps me get paid and minimize disputes and problems. The contract law helps me avoid liabilities and protect intellectual property as well. So, contract law tends to secure and save social dealings by incorporating an equal say from both sides and incorporating a clear process so that there are fewer chances of being betrayed or being manipulated. In addition, it also tends to keep great businessmen to stay true to their words so that there are rare chances of being overpowered by the impact of money and other resources.
References
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY De Secondat, C., & De Montesquieu, B. (2019). The spirit of the laws. e-artnow.
Hill, L. (2020). The System of Natural Liberty and the Science of Welfare. In Adam Smith’s Pragmatic Liberalism (pp. 55–91). Springer.
Kraus, J. S., & Scott, R. E. (2020). The Case Against Equity in American Contract Law. Southern California Law Review, 93.
Wang, Z. (2020). Constitutionality of Legal Application—Taking the Determination and Legislative Prospect of Essential Tort Law as an Example. In on the Constitutionality of Compiling a Civil Code of China (pp. 83–117). Springer.
